Savannah morning news. [volume] (Savannah) 1868-1887, 1887-01-28
FUN IN THE BELL SUIT.
FRAUD CHARGE 3 ID AND ANSWER
ED IN QUICK SUCCE SSION.

ED IN QUICK SUCCESSION.
Mr.. Hill Opens His Argument by AS
Eerting that Changes Were Made in
the Original Belt specifications After
that Gentleman Had Gained KnOwl-
edge of Mr.. Gray's InventiOns-Mr,
StorrOw Explains How the Changes
Were Made.
WASHINGTON, Jan. 27.-The United
States supreme Court room was crowded
This morning when the court reassembled
to continue the hearing Of the argument
In the telephone cases. 1t had been gen.
orally understood that Lysander Hill,
who began speaking yesterday tor the
Overland and Peoples companies, would
present this morning the charges of fraud
in the procurement of the Bell patent
which are contained in his printed brief.
This attracted more than the usual
number of spectators, partly
because there was curiosity
to hear the charges of this rather sensa-
tional character, and partly because all
interested persons were desrOus OF
knowing what attitude the court would
take toward this branch Of the defense.
All the counsel for the respective COM
paDies were OF course present, as were
Prot. Elisha Gray, of Chicago, and Prof
Bell and his father, who today sat within
the bar.
HILLS ARGUMENT.
Mr.. Hill began speaking promptly at
3 1896 O'Clock in a room crowded with at
tentive auditors, fifty or hundred of
whom were standing in a dense thrOng
bout the doors, having been unable to
find seats. MIR. HIPS manner ut first was
quiet, and he began speaking in SO low a
tone that, Notwithstanding The perfect
stiffness, those outside the bar could
hardly hear enough to intelligently follow
his argument. When, however, he took
up the subject of the alleged fraud of
q Prof Bell in the procurement of his pat
ent, bis manner became somewhat more
animated and his voice more sOn0rOus, so
. that he could be distinctly heard in all
parts Of the room. He began by asserting
that Prof. Bell had changed the specif
cations of his patent while his applica-
lion was pending.
THE COURT INTERRUPTS.
He was proceeding to explain why
n these changes were made and why, in
his Judgment, they amounted to fraud.
when be was interrupted by Justice
Miller, who inquired whether it was not
"a the custom OF inventors to chance speci
fiCatiOns while an application was pend
ing. AS he understood it inventors in
snch cases always tried to improve their
% specifications, and make them as perfect
as possible before the application was
acted upon.
Mr.. Hill replied that up to certain
limits that was true, but not after the
4 specifications had been definitely fixed
and sworn to. He then proceeded to
argue that the changes alleged in this
3 case had been made after Prof Bell had
surreptItiouslv obtained knowledge of the
n contents of the caveat filed by Prof.
Elisha Gray, and that the changes were
& intended to include in his Bell's) patent
q inventions whicn he himself had not
made but which he had wrongfully ap-
N prOpriated from the caveat of Prof.
MI Gray.
ASKED HIS AIM.
At this point Mr. Hill was again inter-
NJ rupted by Justice Miller, who inquired
# 'Do understand that you propose to set
up fraud as the defense in this cause and
to attack the patent on that ground?"
Mr. Hlll-We do not plead fraud as a
defense, your honor; but this is court
of equity, and when cOmplainants come
F here and ask for equity they must do
x equity-theY must come with clean
hands
Justice MiIler-It has been repeatedly
held that patent cannot be attacked for
4 fraud in this court unless there has been
separate ond valid proceeding upon that
ground in the courts below--a proceeding
III in which the issue of fraud has been dis
tinctly made.
M CAUSES SENSATION.
This statement from the bench caused
some sensation in court. Everybody
leaned forward eagerly, and Prof. Bell
with smile on his face exchanged sig
nificant glances with his counsel.
Mr.. hill replied that if the court re
g1a oI of fra Io
would, of course, proceed no further with
81 this part OF his argument. There was a
moment of silence.
W Judge II arlan tnen said that, speaking
W for himself, be thought the counsel should
be allowed TO proceed with his argument
in the manner in which be had planned
#it.
W ALLOWED TO PROCEED.
Justice Bradley agreed with this view
X OF the case, and said that If the argument
MRhOuld BE- found u raise question: which
it was not propertor the court 10 consider
at this Time II could be disre yarded. He
Twas in favor of allowing Mr.. Hill to pro-
Nceed.
k& Mr.. Dickersop, OF the counsel tor the
N Bell Company, rose, and with manner
fE which eemed to say that MIR. HIN would
aiDJure his own clients more than anybody
else If he proceeded on this ground,
begged the court not TO interrupt or stop
him
Tue Chief Justice-Proceed Mr.. Hill.
M dr. Hill then resumed bis argument.
BOLD CHARGES.
M Ar. Hill maintalned;
!. That IN Fcbruarv. 1876. after Professor
BEL had I'd his Application for patent ne
Mturrepu puloUsly obta ned. through Examiner
MN bur's room in ihe Patent Office. mfurma-
llon with rcEaid 10 The contents OF a caNeut
Mtled by Professor Elisha Gray to protect the
WlelcphOnlr process invented by hIm; mat
NIroiessor Rel HvHlcd himself OF the koOwl-
igt thus oIttlueu 10 amend and widen his
own spec Il 'ation- 50 rs 90 include many of
fhe features OF Professor Gray's INVENTION.
.. lhat tetTccn fe). a and Feb. l9, 1876,
hessrs. T. liOk Bailey. Prof. Belle pat
ehj attorneys, IN consequence Of the guuty
knowedRe which the, had of the contents OF
hr Gray cavcat, bodily Interpreted an I'm o
MporianC Invention aod claim therefor into
Prof. Bells specifications.
HILLS PROOFS.
As proof OF such fraudulent interpola-
tsOn Mr. Hill referred To two documents,
one COPY of Prof. Beli's specification
which was given IN January, 1876, TO Geo.